The International Crimes Act, 2008
Powers of High
Court.
37. In proceedings under this Part, except as expressly
provided in this Act or in regulations made under this Act,
the High Court shall have the same jurisdiction and
powers, and shall conduct the proceedings in the same
manner, as if the person were charged with an offence
alleged to have been committed within Kenyan
jurisdiction.
Detention in place
other than prison.
(Cf. Rome Statute,
article 59 (5).)
38. (1) This section shall apply where the High Court
orders the detention of a person at any time under this
Part.
www.kenyalaw.org
(2) I f t h e High Court concludes that detaining the
person in prison would risk the person’s life or health or
be undesirable for any reason, the Court may order that
the person be held in custody—
(a) at the place where the person is for the time being;
or
(b) at any other place that the Court considers
appropriate, having regard to the risk or reason
involved.
(3) The person may be held as specified in subsection
(2) until—
(a) the person can be detained in a prison without risk
to that person’s life or health;
(b) the reason for not detaining the person in prison
no longer applies; or
(c) the person is surrendered or discharged according
to law.
(4) In making the order specified in subsection (2), the
High Court shall have regard to any recommendations
that the ICC may make regarding the place of the
person’s detention.
Eligibility for Surrender
Determination of
eligibility for
39. (1) If a person is brought before a High Court
under this Part, the Court shall determine whether the
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